[Federal Register Volume 81, Number 142 (Monday, July 25, 2016)]
[Notices]
[Pages 48462-48464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17551]
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DEPARTMENT OF JUSTICE
[Docket No. OLP 159]
Notice of Public Comment Period on Proposed Uniform Language for
Testimony and Reports
AGENCY: Department of Justice.
ACTION: Notice.
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[[Page 48463]]
SUMMARY: This notice announces the opening of the public comment period
on the Proposed Uniform Language for Testimony and Reports (Proposed
Uniform Language) documents for the forensic disciplines of
anthropology, explosive chemistry, explosive devices, geology, hair,
handwriting analysis, metallurgy, mitochondrial DNA and Y chromosome
typing, and paints and polymers.
DATES: Written public comment regarding the Proposed Uniform Language
should be submitted through www.regulations.gov before August 26, 2016.
FOR FURTHER INFORMATION CONTACT: The Office of Legal Policy, 950
Pennsylvania Avenue NW., Washington, DC 20530, by phone at 202-514-4601
or via email at [email protected].
SUPPLEMENTARY INFORMATION: As part of the Department's continued
efforts to advance the practice of forensic science by ensuring
Department forensic examiners are testifying and reporting consistent
with applicable scientific standards and across Department components
including the Bureau of Alcohol, Tobacco, Firearms and Explosives
(ATF), the Drug Enforcement Administration (DEA), and the Federal
Bureau of Investigation (FBI), the Department is developing Proposed
Uniform Language that would apply to all Department forensic laboratory
personnel. The Proposed Uniform Language documents are based on the
Federal Bureau of Investigation's (FBI) Approved Scientific Standards
for Testimony and Reports (ASSTRs) but differ substantially. As a
primary matter, the ASSTRs are currently in effect for FBI personnel,
while the Proposed Uniform Language documents are merely proposed and
have not been adopted. After adjudication of public comment and the
incorporation of appropriate edits, it is anticipated that each
Proposed Uniform Language document will be forwarded to the Deputy
Attorney General. If one or more are adopted by the Deputy Attorney
General, they would become effective for Department forensic laboratory
personnel.
Process: On June 10, 2016, the Department posted Proposed Uniform
Language documents for fiber, footwear and tire treads, general
chemistry, glass, latent prints, serology, and toxicology. At that
time, the Department stated its intention to publish all remaining
Proposed Uniform Language documents in July 2016. Documents for two
disciplines (nuclear DNA and firearms and toolmarks) are not ready to
be posted at this time but rather than delaying the process, those
documents will be posted for public comment separately.
Ongoing Review of Previously Received Comments: The Department
received 127 comments on the Proposed Uniform Language documents for
fiber, footwear and tire treads, general chemistry, glass, latent
prints, serology, and toxicology. Comment was open through July 8,
2016. Due to the substantive nature of the comments and the recency of
the closing of the comment period, the Department's adjudication
process is ongoing. While several comments suggested changes to the
format and content of the Proposed Uniform Language documents, the
Department has not decided whether, or to what extent, to make changes
in light of those comments, nor have changes been incorporated into
Proposed Uniform Language documents for anthropology, explosive
chemistry, explosive devices, geology, hair, handwriting, metallurgy,
mitochondrial DNA and Y chromosome typing, and paints and polymers.
Previously received comments are being reviewed and, if adopted, will
be reflected in all relevant Uniform Language documents. As a result,
commenters do not need to submit identical or substantially identical
comments on this group of Proposed Uniform Language documents;
commenters may wish to make their comments more discipline-specific for
this group.
Proposed Uniform Language: The Department is posting the Proposed
Uniform Language document for each of the following forensic science
disciplines on www.regulations.gov and seeking public comment:
anthropology, explosive chemistry, explosive devices, geology, hair,
handwriting, metallurgy, mitochondrial DNA and Y chromosome typing, and
paints and polymers. Each Proposed Uniform Language document contains
two primary sections: statements approved for use in examination
testimony and/or laboratory reports and statements not approved for use
in examination testimony and/or laboratory reports. We ask that you
review and provide comment on each Proposed Uniform Language document
separately.
Review Sheet: In order to assist commenters in evaluating each
Proposed Uniform Language document, the Department has provided a
review sheet that identifies certain criteria. Commenters may find it
helpful to use a format similar to that provided by the review sheet to
frame their responses. Use of the review sheet is optional but would be
helpful to provide consistency in commentary.
Supporting Documentation: Each Proposed Uniform Language document
is accompanied by supporting documentation (posted separately) that
provides additional scientific background and policy considerations to
support the statements approved for use and statements not approved in
examination testimony and/or laboratory reports. The Department is not
seeking public comment on the supporting documentation, however,
commenters are welcome to provide thoughts and suggestions on these
documents but notes that only each Proposed Uniform Language document
will be forwarded to the Deputy Attorney General for review and
potential adoption by Department personnel.
Posting of Public Comments: To ensure proper handling of comments,
please reference ``Docket No. OLP 159'' on all electronic and written
correspondence. The Department encourages all comments on this
framework be submitted electronically through www.regulations.gov.
Paper comments that duplicate the electronic submission are not
necessary as all comments submitted to www.regulations.gov will be
posted for public review and are part of the official docket record.
In accordance with the Federal Records Act, please note that all
comments received are considered part of the public record, and shall
be made available for public inspection online at www.regulations.gov.
The comments to be posted may include personally identifiable
information (such as your name, address, etc.) and confidential
business information voluntarily submitted by the commenter.
The Department will post all comments received on
www.regulations.gov without making any changes to the comments or
redacting any information, including any personally identifiable
information provided. It is the responsibility of the commenter to
safeguard personally identifiable information. You are not required to
submit personally identifying information in order to comment on the
Proposed Uniform Language and the Department recommends that commenters
not include personally identifiable information such as Social Security
Numbers, personal addresses, telephone numbers, and email addresses
that they do not want made public in their comments as such submitted
information will be available to the public via www.regulations.gov.
Comments submitted through www.regulations.gov will not include
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the email address of the commenter unless the commenter chooses to
include that information as part of his or her comment.
Dated: July 20, 2016.
Kira Antell,
Senior Counsel, Office of Legal Policy.
[FR Doc. 2016-17551 Filed 7-22-16; 8:45 am]
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